Challenging a Will in Ohio

December 1, 2023

Losing a loved one is never easy, and the thought of challenging the validity of their will can compound an already difficult time. However, there may be situations where you feel compelled to contest a will due to irregularities in the document. To help guide you through this process, we will discuss the grounds for contesting a will, how to contest a will, how long this process usually takes, and lastly, how an attorney can be of help in this circumstance.  


Grounds for Contesting a Will:

There are four main grounds for challenging the validity of a will in Ohio. These include a lack of due execution, lack of testamentary capacity, undue influence, and fraud. Lack of due execution refers to when the will wasn't signed or witnessed correctly or is notarized improperly. Testamentary capacity means that the person creating the will did not have a sound mind at the time of signing the will. Undue influence occurs when someone else exerts excessive influence over the deceased in creating the will. Lastly, fraud means that the will's creator was misled in one way or another when signing the will.


How to Contest a Will:

If you believe that one of the above grounds applies to your situation, the first step in contesting a will is to file a complaint with the Probate Court where the will was filed. Once you've filed the complaint, the person designated as the executor of the will must receive a copy of the complaint, usually via a summons or service of process. This gives both sides of the dispute an opportunity to present evidence regarding the will's validity.


How Long Will This Process Take?

Unfortunately, the length of time it takes for a will contest to be resolved can vary greatly. The complexity of the circumstances around the case can significantly impact the length of the proceedings. It can take between a few months to a few years for a case to reach a resolution, depending on the evidence available to the court and the arguments of the attorneys involved. 


How Can an Attorney Help?

Navigating through a legal case can be difficult, especially if you're not familiar with the process. An attorney can help guide you through the legal process, ensure that your rights are protected, and offer valuable advice and representation. An attorney can help gather evidence, provide legal strategies, negotiate a settlement, and represent your case in court.


In conclusion, challenging the validity of a will can be a complex and emotionally challenging process. However, if you feel that there is an issue with a loved one's will and want to contest it, there are options available to you under the law. It's important to consult an attorney who has experience in will disputes to assist you in navigating the legal process and increase your chances of a favorable outcome.

A judge 's gavel is sitting on a wooden table next to a person writing on a piece of paper.
August 26, 2025
Avoid family conflict after death. Learn how Cincinnati families can reduce inheritance disputes in Ohio with a clear estate plan from Singler Law LLC.
A man in a suit and white shirt is reaching out to shake someone 's hand.
July 26, 2025
Learn what it means to be an executor in Ohio, including the key responsibilities and risks. Singler Law LLC helps Cincinnati residents navigate probate with confidence.
A statue of justice is sitting on a wooden table.
July 2, 2025
Learn how a Special Needs Trust in Ohio can protect your loved one’s benefits while providing for their needs. Singler Law LLC helps Cincinnati families plan with confidence.
A scale of justice and a judge 's gavel are on a wooden table.
June 30, 2025
Wondering what happens if you die without a will in Ohio? Learn how intestate succession works and how Singler Law LLC in Cincinnati can help you protect your loved ones.
A person is holding a wooden gavel on a wooden table.
June 27, 2025
Learn how to avoid probate in Ohio using tools like trusts and TOD designations. Singler Law LLC helps Cincinnati residents create estate plans that keep their families out of court.
A man and a woman are shaking hands in an office.
June 24, 2025
Learn the legal grounds for contesting a will in Ohio, including lack of capacity, undue influence, and fraud. Singler Law LLC helps Tucson residents with Ohio probate matters.
February 24, 2025
What Types of Assets Can Be Included in an Ohio Trust?
February 1, 2025
What is a Living Trust? A Guide for Cincinnati Residents
December 19, 2024
Guardianship is an important legal tool designed to help individuals who are unable to make decisions for themselves due to illness, disability, or other circumstances. Ohio has two primary types of guardianship: limited and full. Each offers varying levels of oversight and protection, depending on the needs of the person involved. Understanding the differences between these options is crucial for ensuring your loved one receives the right care and support. What Is Limited Guardianship? Limited guardianship is a form of guardianship where the court assigns a guardian to make decisions only in specific areas of a person’s life. This could include financial decisions, medical choices, or other aspects the individual may struggle with. The guardian’s authority is restricted to these areas, allowing the person to retain control over other aspects of their life. Limited guardianship is ideal for individuals who need help in certain areas but can still make other decisions independently. What Is Full Guardianship? Full guardianship, on the other hand, is a more comprehensive arrangement. In this situation, the guardian assumes control over all aspects of the individual’s life, including personal, medical, and financial decisions. Full guardianship is typically considered when someone is unable to manage any part of their daily life and requires continuous oversight and assistance. This option is often pursued for individuals who are severely incapacitated or have significant cognitive impairments. Choosing the Right Level of Guardianship Deciding between limited and full guardianship depends on the specific needs and abilities of your loved one. If they can still make certain decisions or manage some aspects of their life, limited guardianship may provide a sufficient level of support while preserving their independence. Full guardianship may be necessary if the person’s condition is more severe and they cannot make decisions in any area of their life. It’s important to carefully assess the individual’s situation and consult a legal professional to determine the best course of action. The Legal Process in Ohio In Ohio, the process of establishing guardianship requires filing a petition with the probate court. This includes presenting evidence of the person’s incapacity and demonstrating the need for a guardian. The court will review the case and decide whether a limited or full guardianship is appropriate based on the individual’s circumstances. It is important to ensure that the guardianship arrangement reflects the person’s needs and is tailored to provide the right level of support. Choosing between limited and full guardianship in Ohio is a significant decision that affects both the individual in need of care and their family. By understanding the differences between these two options, you can make an informed decision that provides the right level of protection and support. Always consult with a legal professional to ensure the process is carried out correctly and that your loved one receives the best care possible.
November 22, 2024
What Is a Special Needs Trust?